Workflow
工伤保险
icon
Search documents
非全日制从业人员可以参加工伤保险吗?
蓝色柳林财税室· 2025-05-16 00:54
Group 1 - The definition of part-time employment is based on hourly pay, where the average daily working hours do not exceed four hours and the total weekly working hours do not exceed twenty-four hours [2] - Part-time workers can participate in work injury insurance, and if employed at multiple units, each unit must pay for work injury insurance separately [3] - The employer where the worker is injured is responsible for work injury insurance [4] Group 2 - There is no requirement for a written labor contract for part-time employment, but it is recommended to retain relevant documentation of agreements made [5][7] - Payment for part-time work must not be lower than the minimum hourly wage set by the local government, and the payment settlement period must not exceed fifteen days [10] Group 3 - Evidence of employment can include wage payment records, identity documents issued by the employer, recruitment records, attendance records, and testimonies from other workers [13]
商业险理赔后,用人单位可据此免除部分工伤赔偿吗?
Ren Min Wang· 2025-05-14 01:12
Core Viewpoint - The court ruled that employees have the right to claim work-related injury compensation from their employer even after receiving commercial insurance payouts for accidental injuries [1][2][3]. Group 1: Case Background - In January 2018, an employee named Zheng began working at an air conditioning repair center without a formal labor contract [1]. - The employer purchased accidental injury insurance for Zheng in April 2020, with a coverage amount of 200,000 yuan [1]. - Zheng died in an accident while working on November 3, 2020, leading to a dispute regarding the recognition of the labor relationship [1]. Group 2: Legal Proceedings - The arbitration committee confirmed the existence of a labor relationship between Zheng and the employer, which the employer contested in court [1][2]. - The court upheld the arbitration decision, and Zheng was recognized as having died from a work-related injury by the local human resources and social security bureau in September 2021 [1]. - The insurance company paid out the accidental injury insurance amount of 200,000 yuan to Zheng's relatives in December 2021 [1]. Group 3: Court's Ruling - The employer argued that the 200,000 yuan insurance payout should be deducted from the work-related injury compensation amount [2]. - The court ruled that the employer's obligation to provide work-related injury insurance is separate from any commercial insurance purchased, and thus the insurance payout should not be deducted from the compensation [2][3]. - The court ordered the employer to pay Zheng's relatives a total of over 870,000 yuan in funeral and work-related death compensation [2]. Group 4: Legal Interpretation - The court emphasized that work-related injury insurance is a mandatory part of the social insurance system, and employers cannot evade this obligation by providing commercial insurance [3]. - The ruling clarifies that commercial insurance benefits do not replace or offset the rights to work-related injury compensation under the law [3].
职工个人需要缴纳工伤保险费吗?
蓝色柳林财税室· 2025-05-07 14:42
Core Viewpoint - The article clarifies that workers' compensation insurance fees are paid by employers, not employees, and outlines the obligations of employers regarding this insurance [2][5][6]. Group 1: Payment Responsibilities - Workers' compensation insurance fees are solely the responsibility of the employer, calculated based on the total wages of employees multiplied by the applicable contribution rate [2]. - Employers are required by law to participate in workers' compensation insurance and pay the fees for all employees [5][6]. Group 2: Regulations for Non-Participating Employers - If an employer fails to participate in workers' compensation insurance and an employee suffers a work-related injury, the employer must pay for the benefits as stipulated by the workers' compensation regulations [7]. - The regulations specify that employers who later join the insurance scheme and pay any overdue fees and penalties will have the workers' compensation fund cover new claims [10].
我国基本养老保险参保人数超10.7亿人
news flash· 2025-05-03 10:43
Group 1 - The number of participants in the basic pension insurance system in China has exceeded 1.07 billion [1] - As of the end of March, the number of participants in unemployment and work injury insurance reached 244 million and 297 million respectively, with year-on-year increases of 2.56 million and 2.71 million [1] - The new type of work injury insurance for gig economy workers, such as delivery riders and ride-hailing drivers, has seen over 11.04 million participants in pilot areas by the end of March [1]